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10. State Department Visa Bulletin: February 2013

February Visa Bulletin Summary:

Family 1st - World numbers, China and India advanced 3 weeks and 3 days to 15 January 06; Mexico advanced one week to 15 July 93; the Philippines jumped 3 months, 2 weeks, and 3 days to 08 March 98.

 

Family 2A – World numbers, China, India, and the Philippines advanced one month to 22 October 10; Mexico jumped 5 weeks to 08 October 10.

 

Family 2B - World numbers, China, and India moved 5 weeks and 3 days to the 15 January 05; Mexico moved forward 3 weeks and 2 days to 15 December 92; the Philippines advanced one month to 15 May 02.

 

Family 3rd – World numbers, China, and India moved forward 2 weeks and 2 days to 08 July 02; Mexico remains stalled at 08 March 93; the Philippines moved forward 2 weeks to 22 August 92.

 

Family 4th – World numbers, China and India moved forward one week to 15 April 01; Mexico advanced one week and 3 days to 1 August 96; the Philippines advanced 2 months and 2 weeks to 01 June 89.

 

Employment 1st – still current in all categories.

 

Employment 2nd – World numbers, Mexico and the Philippines are still current; China moved forward a month and one week to 15 January 08; India remains stalled at 01 September 04.

 

Employment 3rd – World numbers, Mexico advanced one month and 2 weeks to 15 March 07; the Philippines moved forward one week to 22 August 06; China moved one month, 3 weeks, and 3 days to 15 November 06; India advanced one week to 15 November 02.

 

Employment 3rd Other Workers – World numbers, Mexico moved forward one month and 2 weeks to 15 March 07; the Philippines moved forward one week to 22 August 06; China remains stalled at 01 July 03; India advanced one week to 15 November 02.

 

Employment 4th – still current in all categories.

 

Employment 5th – still current in all categories.

Number 53
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during February. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by January 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

 

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

 

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

 

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:         

 

FAMILY-SPONSORED PREFERENCES

 

First:  (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

 

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

 

Third:  (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

 

Fourth:  (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

 

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

 

Family-Sponsored

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

F1

15JAN06

15JAN06

15JAN06

15JUL93

08MAR98

F2A

22OCT10

22OCT10

22OCT10

08OCT10

22OCT10

F2B

15JAN05

15JAN05

15JAN05

15DEC92

15MAY02

F3

08JUL02

08JUL02

08JUL02

08MAR93

22AUG92

F4

15APR01

15APR01

15APR01

01AUG96

01JUN89

 

*NOTE:  For February, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08OCT10.  F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08OCT10 and earlier than 22OCT10.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:         

 

EMPLOYMENT-BASED PREFERENCES

 

First:   Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

 

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      

 

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".

 

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

 

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

 

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

15JAN08

01SEP04

C

C

3rd

15MAR07

15NOV06

15NOV02

15MAR07

22AUG06

Other Workers

15MAR07

01JUL03

15NOV02

15MAR07

22AUG06

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th
Targeted
Employment
Areas/
Regional Centers and Pilot Programs

C

C

C

C

C

 

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

 

6.  The Department of State has a recorded message with visa availability information which can be heard at:  (202) 663-1541.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

 

B.  DIVERSITY IMMIGRANT (DV) CATEGORY

 

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years.  The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This resulted in reduction of the DV-2013 annual limit to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For February, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

 

Region

All DV Chargeability Areas Except Those Listed Separately

 

AFRICA

22,000

Except: Egypt 13,000
Ethiopia 20,400
Nigeria 11,000

ASIA

4,300

 

EUROPE

13,400

NORTH AMERICA (BAHAMAS)

3

 

OCEANIA

725

 

SOUTH AMERICA, and the CARIBBEAN

775

 

 

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.  The year of entitlement for all applicants registered for the DV-2013 program ends as of September 30, 2013.  DV visas may not be issued to DV-2013 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2013 principals are only entitled to derivative DV status until September 30, 2013.  DV visa availability through the very end of FY-2013 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

 

C.  ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MARCH

 

For March, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

 

Region

All DV Chargeability Areas Except Those Listed Separately

 

AFRICA

25,850

Except:  Egypt 15,600
Ethiopia 24,400
Nigeria 12,150

ASIA

5,200

 

EUROPE

16,200

 Except: Uzbekistan 13,400

NORTH AMERICA (BAHAMAS)

3

 

OCEANIA

850

 

SOUTH AMERICA, and the CARIBBEAN

900

 

D.  OBTAINING THE MONTHLY VISA BULLETIN

The Department of State's Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (202) 663-1541. The recording is normally updated on or about the tenth of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO: January 8, 2013

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